A Lasting Power of Attorney (LPA) is one of the most important legal documents you can have, yet very few UK adults have one, despite it offering protection if you lose the ability to make your own decisions. According to the Office of the Public Guardian, while around 40% of the UK adult population has a Will, less than 1% has an LPA*.
It is a common assumption that LPAs are only relevant later in life, or that a spouse will legally be able to make decisions for you if you are unable to make decisions for yourself. These myths are just some of the reasons stopping many adults from setting up important legal protections.
In this blog, we explain what LPAs are, why they are so important, and correct some common myths.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you (the ‘donor’) appoint one or more people you trust (known as ‘attorneys’) with the legal authority to make specific decisions and act on your behalf regarding your property and finances, or your health and welfare. An LPA can be used at a time in the future when, for example, you cannot make decisions for yourself due to an accident or ill health.
What are the different types of Lasting Power of Attorney?
There are two types of Lasting Power of Attorney.
- LPA for property and financial affairs – allows your named attorney(s) to manage your financial and property matters. This includes managing bank or building society accounts, paying bills, collecting a pension or benefits, and selling your home if necessary. This type of LPA can be used as soon as it is registered, with your permission.
- LPA for health and welfare – allows your named attorney(s) to manage your health and personal welfare. These include decisions about your daily routine, moving into a care home, and medical treatment decisions if needed. This type of LPA can only be used when you can’t make your own decisions.
You can choose who should make financial decisions and who should make health and care decisions for you – and this doesn’t necessarily need to be the same person. You can also appoint a solicitor to be one of your attorneys.
Who Can Make a Lasting Power of Attorney?
You can make a Lasting Power of Attorney if you are aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself.
Why Should You Set Up a Lasting Power of Attorney?
Here are some of the reasons why you should make and register one or both types of LPA.
- Keeps you in control – planning for when you cannot make decisions for yourself may be distressing, but it keeps you in control. By signing a Health and Welfare LPA or an LPA for property and finances, you directly appoint someone you trust, not social workers or doctors, to make choices for you.
- Protect your best interests – A Lasting Power of Attorney for Health and Welfare takes effect if you cannot make decisions yourself. In contrast, a Property and Financial Affairs Lasting Power of Attorney can come into force whenever you choose (although you should leave enough time to allow for the registration process). With a temporary LPA for Property and Financial Affairs, your attorney can act while you still have mental capacity, with your permission. This can be useful if you are on holiday, physically unable to get out and about, or if you are in hospital.
- Safeguards you and your loved ones – Incapacity can happen at any time, not just in old age. LPAs protect your best interests and make it easier for your family and loved ones to manage your affairs if this happens. Essentially, it acts as insurance that should the worst happen, and you suffer an accident or illness that removes your independence, someone you trust will be able to ensure you and your loved ones are looked after.
- Cost – It is much more cost-effective to prepare and register an LPA whilst you are still able to do so. The cost of involving the Court of Protection is far more expensive (sometimes over five times as much) and takes much longer.
What Are the Biggest Misconceptions About LPAs?
- Your spouse will always have the final say: Many people believe that if you lose the capacity to make decisions for yourself, a spouse or next of kin automatically gets the right to make medical decisions, access your bank accounts, or sign documents on your behalf. However, this is not true. Without the right LPA, family or loved ones must apply to become a deputy with the Court of Protection, and you or your family cannot control who is appointed to make these decisions for you.
- LPAs are only for the older generation: Some people think LPAs are only for older people. However, mental capacity can be lost for many reasons, not just because of old age or diseases like dementia. Accidents, cancer, strokes, and brain injuries can also cause loss of mental capacity and can happen to anyone, at any age.
How To Apply for a Power of Attorney
You can apply online for a power of attorney at: gov.uk/making a lasting power of attorney. Or you can contact the Office of the Public Guardian for more information:
- by phone on 0300 456 0300 – lines are open Monday to Friday, 9.30am to 5pm (Wednesday, 10am to 5pm)
- by email – customerservices@publicguardian.gov.uk
How Do I Register a Lasting Power of Attorney?
After you have created a valid Lasting Power of Attorney, you must register it with the Office of the Public Guardian (OPG); otherwise, your attorneys will not be able to act on your behalf. It is worth noting that registration can sometimes take around two months, so put an LPA in place before an emergency arises.
It is essential to register your LPA as soon as it is signed. Currently, the OPG takes approximately 8 to 10 weeks to process and register an error-free application. This includes a mandatory 4-week statutory waiting period. By registering now, you ensure the document is ready for immediate use should an emergency occur, avoiding the 3-month delay that often happens when people wait until they are unwell to start the process
Do You Need a Solicitor to Make An LPA?
It is possible to make a lasting power of attorney without a solicitor or by using cheap online services. However, an LPA is a powerful legal document. Seeking legal advice can help ensure the registration process runs smoothly and follows legal requirements. Without professional advice from someone familiar with this complex area of law, errors can occur. Incorrectly completed forms can lead to the application being rejected (and loss of the application fee), or the document might not accurately reflect your wishes. Furthermore, it could make the LPA vulnerable to a legal challenge or family dispute.
These are just some of the issues that can regularly go wrong. A solicitor with expertise in this area of law can guide you through the process, complete the many forms, and ensure there is no risk of abuse of the power given. A qualified advisor can reassure you that the process is carried out legally by a regulated practitioner who will protect your best interests. A solicitor can also ensure your attorneys understand their obligations and that the process follows all the Mental Capacity Act regulations.
What Happens If Someone Has Already Lost Mental Capacity?
It’s important to remember that a Lasting Power of Attorney can only be granted when the person giving the power (donor) is deemed to have full mental capacity. You cannot put an LPA in place if the donor already lacks the capacity to make their own decisions. In these cases, an application needs to be made for a Court of Protection Deputyship. This is a costly and lengthy process, typically taking six to nine months to complete.
It is also not guaranteed who will be appointed as your ‘deputy’, and the person appointed may not have been someone you would have chosen if you had the choice.
For more Frequently Asked Questions about LPAs, please visit our Lasting Power of Attorney service page.
The Cost of Waiting
If you lose capacity without an LPA, your family must apply to the Court of Protection for a ‘Deputyship Order.’ This is a far more expensive and lengthy process. In 2026, a Deputyship application typically costs:
- Court Application Fee: £408.
- Legal Fees: Often ranging from £1,500 to £2,000 + VAT.
- Annual Supervision Fees: Between £35 and £320 per year.
- Timeframe: It can take 6 months or longer to resolve, leaving your finances frozen in the meantime.
Trusted Local LPA Solicitors
MJV Solicitors can help guide you through the process of creating an LPA, advising you on choosing a suitable and trustworthy attorney, drafting and signing paperwork, and registering your LPAs with the Office of the Public Guardian. Our professional team can also provide guidance to your chosen attorney(s) on their responsibilities.
Should you find yourself in a position where you don’t have a trusted friend or relative who is suitable to be your attorney, we have solicitors who can also act as your attorney in respect of property and financial affairs.
With offices in Blackpool and Thornton-Cleveleys, MJV Solicitors provides professional LPA services throughout the Fylde Coast. We regularly assist clients based in Fleetwood, Thornton-Cleveleys, Bispham, Blackpool, Poulton-le-Fylde, Lytham St Annes and the surrounding areas.
MJV Solicitors is authorised and regulated by the Solicitors Regulation Authority. Our team prepares Lasting Powers of Attorney in accordance with the law of England and Wales. When drafting LPAs for our clients, we explain matters clearly, record instructions accurately, and ensure documents are properly executed and registered.
If you would like clear, professional advice about setting up an LPA, contact our experienced private client solicitors in Blackpool and the Fylde Coast today.
Complete our enquiry form or contact us by calling 01253 858231 or emailing us at info@mjvlaw.co.uk
Resources and Useful Information
*Office of the Public Guardian: ‘Lasting Powers of Attorney – The Importance of Making the Right Choice’.
Read some of our previous articles for related information:
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
Frequently Asked Questions
Q: Is my old paper LPA still valid?
A: Yes. Any LPA correctly registered before the 2026 digital reforms remains fully valid and legally binding.
Q: Can I change my attorneys after the LPA is registered?
A: No. You cannot ‘amend’ a registered LPA. If you wish to change your attorneys, you must revoke the existing document and create a new one while you still have mental capacity.
Q: Why should I use a solicitor instead of a DIY service?
A: Approximately 15% of DIY applications are currently rejected by the OPG due to signing errors or incorrect wording. At MJV Solicitors, we ensure your documents are legally robust, preventing costly delays and re-submission fees.
